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FAO (COMM) 9/2021& CM APPLs. 1389-91/2021
SAPNA DEVI .....Appellant
Through: Ms.Aditi Gupta, Advocate
Through: Mr.Vijay K. Sehgal with Ms.Priya Pandey, Advocates
Date of Decision: 16th February, 2021
HON'BLE MS. JUSTICE ASHA MENON
JUDGMENT
1. Present appeal has been filed challenging the order dated 1: st June, 2019 whereby the Recovery Manager of the Finance Company was appointed as the Receiver to take over possession of the hypothecated commercial vehicle. On 6th
2. The appellant's primary allegation is that the receipts of payment have been stolen by the respondent and that she had been made to sign documents showing receipt of a higher loan amount than what she had actually received. February, 2020 appellant's application for recall was disposed of. 2021:DHC:558-DB FAO(COMM) 9-2021
3. This Court is of the prima facie opinion that the aforesaid contentions are not only contrary to record, but are also constitute highly disputed questions of fact. Consequently, the same should be determined by the Dispute Resolution Mechanism, namely, the Arbitrator.
4. However, as several months have elapsed and arbitration proceedings have not commenced, this Court directs the respondent/Finance Company to file an application for appointment of an Arbitrator within two weeks.
5. With the aforesaid direction, the present appeal and applications stand disposed of. MANMOHAN, J ASHA MENON, J FEBRUARY 16, 2021 ck